can't use ipod nano 1st generation replacement program

You will have to call AppleCare.

Were they able to help you out?

I had the same problem. The people who were assisting me said "Your iPod was already sent in for servicing so the battery was replaced." They didn't seem to understand that the iPod is replaced, not sent back with a new battery. I spoke with a rep and then a supervisor who had me on hold for over 10 minutes, that I just ended up hanging up.

I'm going to try calling and hopefully get someone else who will know about the program and be helpful.

They didn't seem to understand that the iPod is replaced, not sent back with a new battery.

Not necessarily... Not all 1st gen iPod nanos are part of the recall. That's why you are asked to enter the iPod's serial number. It's possible that before the recall was initiated, some 1st gen iPod nanos had the faulty battery replaced with a good one when the customer had a problem under warranty. Also, in the early days of the recall, when the available iPod nano was still the 1st gen model (or Apple still had stock of 1st gen models with a good battery), customers would have had their faulty 1st gen iPod nano replaced with a good 1st gen iPod nano, and that good 1st gen iPod nano would not be part of the recall. And it's possible that a later batch of 1st gen iPod nano had good batteries from the factory, and are not part of the recall.

The representative was just using the serial number database, to see if your 1st gen iPod nano was part of the recall. Apparently, it is not...

When checking the database, I looked at the serial numbers just before and after... both immediately went to the processing page for the submission. So it should be included in the program, given how batch production works with serial number assignments.

If the iPod was already repaired, it would have come back with "this ipod is not eligible for participation in this program." Instead it said it had already been submitted. I also recall now that when I originally tested it, the message about it "already submitted for this program" did not appear. It seems that someone may have used my serial number prior to my committing to do the submission.

How do you know what entering your iPod's serial number is supposed to return? If the iPod you have now is one that was provided as a replacement for a bad 1st gen iPod nano, then the proper response from database would be "already submitted" (or words to that effect), because the owner of the original bad iPod has received this iPod as a replacement.

The replacement program started years after the iPod Nano 1st gen was discontinued. They would never ship another 1st generation as replacement. When the program began, the first model they sent as a replacement was the 6th generation. Apple destroys the original iPod, because they are long past being serviceable.

In any case, I submitted mine and a replacement is on the way. No need to reply.

The replacement program started years after the iPod Nano 1st gen was discontinued.

Exactly... So what would have happened if a customer had a 1st gen iPod nano with a bad battery under standard one-year warranty, BEFORE the recall was initiated? The battery was defective from the factory; there were probably quite a few that failed during the first year of ownership (and Apple sold millions). If the 1st gen iPod nano was still the latest version (or while there was still inventory of new or refurbished), again BEFORE the recall was initiated, Apple would have replaced the bad battery with a good battery, OR (more likely) Apple would have replaced that iPod with another 1st gen iPod nano that had a known-good battery. Every 1st gen iPod nano that is still out there is not necessarily part of the recall. That's my point.

The person making point:

'If the iPod was already repaired, it would have come back with "this ipod is not eligible for participation in this program." Instead it said it had already been submitted. I also recall now that when I originally tested it, the message about it "already submitted for this program" did not appear. It seems that someone may have used my serial number prior to my committing to do the submission'

Is totally right. Spoke to a tech advisor who submitted nano 1st Gen with error saying was already submitted and they just bypassed that and turned it into ordinary repair, effectively same as recall program.